Legal Opinion
Diamond v. J.B.J. Management Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1995PublishedCited by 8 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant J.B.J. Management Company appeals from an order of the Supreme Court, Queens County (Smith, J.), dated May 18,1994, *379which granted the plaintiffs motion to vacate the dismissal of the action and to restore it to the trial calendar.
Ordered that the order is reversed, on the law, with costs, the plaintiffs motion is denied, and the action is dismissed.
Before a court may grant a motion to vacate the dismissal of an action pursuant to CPLR 3404, the plaintiff must establish all of the following: (1) a meritorious cause of…
2Cases cited4 opinions
- Robinson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Ornstein v. Kentucky Fried Chicken of Great Neck, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Knight v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Malpass v. Mavis Tire Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1988
3Cited by8 opinions
- Fico v. Health Insurance Plan of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Castillo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Kourtsounis v. ChakrabartyAppellate Division of the Supreme Court of the State of New York · 1998
- Cruz v. Volkswagen of America Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Rudy v. ChaskyAppellate Division of the Supreme Court of the State of New York · 1999
3 more not listed; retrieve them via the Exa API.